Bill Text: NY S03666 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Establishes domestic abuse offenses for assaults upon spouses, former spouses, fellow parents of a child in common and domestic partners; provides for issuance of a special information for domestic abuse in the first degree requiring a predicate criminal conviction; designates such domestic abuse offenses as family offenses for purposes of the criminal procedure law and the family court act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-04-27 - PRINT NUMBER 3666C [S03666 Detail]

Download: New_York-2011-S03666-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3666
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 1, 2011
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law,  in  relation  to  establishing  domestic
         abuse  offenses;  to  amend the criminal procedure law, in relation to
         providing for deferral of sentencing felony domestic  abuse  offenses;
         and  to  amend the criminal procedure law and the family court act, in
         relation to granting family  courts  and  criminal  courts  concurrent
         jurisdiction over domestic abuse offenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is  amended  by  adding  three  new  sections
    2  120.75, 120.80 and 120.85 to read as follows:
    3  S 120.75 DEFINITIONS; DOMESTIC ABUSE.
    4    FOR THE PURPOSES OF SECTIONS 120.80 AND 120.85 OF THIS ARTICLE:
    5    1.  "DOMESTIC  PARTNER" SHALL MEAN A PERSON WHO IS LIVING OR HAS LIVED
    6  TOGETHER WITH ANOTHER PERSON FOR AN EXTENDED  DURATION  IN  AN  INTIMATE
    7  RELATIONSHIP MARKED BY SEXUAL, PHYSICAL OR FINANCIAL INTERDEPENDENCE.
    8    2.  "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN A PERSON WHO HAS A
    9  CHILD IN COMMON WITH ANOTHER PERSON REGARDLESS OF WHETHER  SUCH  PERSONS
   10  WERE MARRIED OR HAVE LIVED TOGETHER.
   11    3.  "FORMER  SPOUSE"  SHALL  MEAN A PERSON FORMERLY MARRIED TO ANOTHER
   12  PERSON REGARDLESS OF WHETHER SUCH  PERSONS  STILL  RESIDE  IN  THE  SAME
   13  HOUSEHOLD.
   14    4. "SPOUSE" SHALL MEAN A PERSON LEGALLY MARRIED TO ANOTHER PERSON.
   15  S 120.80 DOMESTIC ABUSE IN THE SECOND DEGREE.
   16    A  PERSON  IS GUILTY OF DOMESTIC ABUSE IN THE SECOND DEGREE WHEN, WITH
   17  INTENT TO HARASS, ANNOY OR ALARM  ANOTHER  PERSON  WHO  IS  HIS  OR  HER
   18  SPOUSE,  FORMER  SPOUSE,  FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC
   19  PARTNER, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH OTHER PERSON.
   20    DOMESTIC ABUSE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   21  S 120.85 DOMESTIC ABUSE IN THE FIRST DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09575-01-1
       S. 3666                             2
    1    A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE FIRST DEGREE WHEN:
    2    1.  WITH  INTENT TO CAUSE PHYSICAL INJURY TO ANOTHER PERSON WHO IS HIS
    3  OR HER SPOUSE, FORMER SPOUSE, FELLOW PARENT OF  A  CHILD  IN  COMMON  OR
    4  DOMESTIC  PARTNER,  HE OR SHE CAUSES SUCH INJURY TO SUCH OTHER PERSON OR
    5  TO A THIRD PERSON; OR
    6    2. HE OR SHE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO HIS  OR  HER
    7  SPOUSE,  FORMER SPOUSE, FELLOW PARENT OF A CHILD IN A COMMON OR DOMESTIC
    8  PARTNER; OR
    9    3. WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY  TO  HIS
   10  OR  HER  SPOUSE,  FORMER  SPOUSE,  FELLOW PARENT OF A CHILD IN COMMON OR
   11  DOMESTIC PARTNER BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT; OR
   12    4. HE OR SHE COMMITS THE CRIME OF DOMESTIC ABUSE IN THE SECOND DEGREE,
   13  AS DEFINED IN SECTION 120.80 OF THIS ARTICLE, AND HE OR SHE  HAS  PREVI-
   14  OUSLY  BEEN  CONVICTED  OF  A  VIOLATION OF SUCH SECTION OR THIS SECTION
   15  WITHIN THE PRECEDING FIVE YEARS.
   16    DOMESTIC ABUSE IN THE FIRST DEGREE IS A CLASS E FELONY.
   17    S 2. The criminal procedure law is amended by  adding  a  new  section
   18  216.10 to read as follows:
   19  S 216.10 DEFERRAL OF SENTENCING FOR FELONY DOMESTIC ABUSE.
   20    1. UPON A PLEA OF GUILTY TO THE OFFENSE OF DOMESTIC ABUSE IN THE FIRST
   21  DEGREE,  AS  DEFINED  IN SECTION 120.85 OF THE PENAL LAW, BY A DEFENDANT
   22  AND UPON SUCH DEFENDANT'S CONSENT  THERETO,  THE  COURT  MAY  ORDER  THE
   23  SENTENCE FOR SUCH OFFENSE BE DEFERRED FOR THE PURPOSE OF THE DEFENDANT'S
   24  PARTICIPATION IN A COURT APPROVED DOMESTIC VIOLENCE AND ANGER MANAGEMENT
   25  PROGRAM,  OR TREATMENT FOR SUBSTANCE AND/OR ALCOHOL ABUSE AND DEPENDENCE
   26  AND ANY RELATED MENTAL DISEASE OR DISORDER. UPON  SUCCESSFUL  COMPLETION
   27  OF  ANY SUCH COURT ORDERED PROGRAM OR TREATMENT, UPON THE CONSENT OF THE
   28  PEOPLE, AND UPON REASONABLE NOTICE TO THE VICTIM AND AN OPPORTUNITY  FOR
   29  THE  VICTIM  TO BE HEARD, THE COURT MAY AUTHORIZE THE DEFENDANT TO WITH-
   30  DRAW HIS OR HER PLEA OF GUILTY TO DOMESTIC ABUSE IN THE FIRST DEGREE.
   31    2. NO PROVISION OF THIS ARTICLE SHALL BE DEEMED TO RESTRICT OR PROHIB-
   32  IT ANY COURT FROM ORDERING OR THE PEOPLE FROM RECOMMENDING  THE  USE  OF
   33  OTHER  LAWFUL  PROCEDURES  OR  MODELS FOR PLACING APPROPRIATE DEFENDANTS
   34  INTO ALCOHOL OR SUBSTANCE ABUSE TREATMENT PROGRAMS.
   35    S 3. The opening paragraph of subdivision 1 of section 530.11  of  the
   36  criminal  procedure  law, as amended by chapter 405 of the laws of 2010,
   37  is amended to read as follows:
   38    The family court and the criminal courts shall have concurrent  juris-
   39  diction  over  any  proceeding  concerning  acts  which would constitute
   40  disorderly conduct, harassment in the first degree,  harassment  in  the
   41  second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
   42  ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
   43  misconduct,  forcible touching, sexual abuse in the third degree, sexual
   44  abuse in the second degree as set forth in subdivision  one  of  section
   45  130.60  of  the penal law, stalking in the first degree, stalking in the
   46  second degree, stalking in the third  degree,  stalking  in  the  fourth
   47  degree,  criminal  mischief,  menacing in the second degree, menacing in
   48  the third degree, reckless  endangerment,  strangulation  in  the  first
   49  degree,  strangulation  in  the  second  degree, criminal obstruction of
   50  breathing or blood circulation, assault in the second degree, assault in
   51  the third degree or an  attempted  assault  between  spouses  or  former
   52  spouses,  or  between  parent  and  child or between members of the same
   53  family or household except that if the respondent would not be criminal-
   54  ly responsible by reason of age pursuant to section 30.00 of  the  penal
   55  law,  then  the family court shall have exclusive jurisdiction over such
   56  proceeding. Notwithstanding a complainant's election to proceed in fami-
       S. 3666                             3
    1  ly court, the criminal court shall not be divested  of  jurisdiction  to
    2  hear  a family offense proceeding pursuant to this section. For purposes
    3  of this section, "disorderly conduct" includes disorderly conduct not in
    4  a public place. For purposes of this section, "members of the same fami-
    5  ly  or  household"  with  respect to a proceeding in the criminal courts
    6  shall mean the following:
    7    S 4. The opening paragraph of subdivision 1  of  section  812  of  the
    8  family  court  act, as separately amended by chapters 341 and 405 of the
    9  laws of 2010, is amended to read as follows:
   10    The family court and the criminal courts shall have concurrent  juris-
   11  diction  over  any  proceeding  concerning  acts  which would constitute
   12  disorderly conduct, harassment in the first degree,  harassment  in  the
   13  second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
   14  ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
   15  misconduct,  forcible touching, sexual abuse in the third degree, sexual
   16  abuse in the second degree as set forth in subdivision  one  of  section
   17  130.60  of  the penal law, stalking in the first degree, stalking in the
   18  second degree, stalking in the third  degree,  stalking  in  the  fourth
   19  degree,  criminal  mischief,  menacing in the second degree, menacing in
   20  the third degree, reckless endangerment, criminal obstruction of breath-
   21  ing or blood circulation, strangulation in the second degree, strangula-
   22  tion in the first degree, assault in the second degree, assault  in  the
   23  third  degree or an attempted assault, criminal obstruction of breathing
   24  or blood circulation or strangulation between spouses or former spouses,
   25  or between parent and child or between members of  the  same  family  or
   26  household  except that if the respondent would not be criminally respon-
   27  sible by reason of age pursuant to section 30.00 of the penal law,  then
   28  the family court shall have exclusive jurisdiction over such proceeding.
   29  Notwithstanding a complainant's election to proceed in family court, the
   30  criminal  court  shall  not be divested of jurisdiction to hear a family
   31  offense proceeding pursuant to this section. In any proceeding  pursuant
   32  to  this  article,  a  court  shall  not deny an order of protection, or
   33  dismiss a petition, solely on the basis that the acts or events  alleged
   34  are  not  relatively  contemporaneous with the date of the petition, the
   35  conclusion of the fact-finding or the conclusion  of  the  dispositional
   36  hearing.  For  purposes  of  this article, "disorderly conduct" includes
   37  disorderly conduct not in a public place. For purposes of this  article,
   38  "members of the same family or household" shall mean the following:
   39    S 5. This act shall take effect on the first of November next succeed-
   40  ing the date on which it shall have become a law.